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Jones v. State Farm Fire and Casualty Co.

United States District Court, W.D. Washington

June 12, 2018

STEPHEN JONES and KAREN JONES, individually and as a marital community, Plaintiffs,
v.
STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation, Defendant. Case Event Current Deadline New Deadline December 3, 2018 May 6, 2019 Case Event Current Deadline New Deadline December 3, 2018 May 6, 2019

          REED MCCLURE Michael S. Rogers Attorneys for Defendant

          ASHBAUGH BEAL LLP Tristan N. Swanson WSBA #41934 Attorneys for Plaintiff

          STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED DEADLINES

          ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE

         I. STIPULATED MOTION

         Plaintiffs Stephen Jones and Karen Jones (the “Jones”) and Defendant State Farm Fire and Casualty Company (“State Farm”), jointly move the Court for an order setting new Initial Scheduling Dates.

         On August 1, 2017, State Farm filed a motion for summary judgment, noting it for consideration on August 25, 2017. The Jones filed their opposition to the motion for summary judgment on August 21, 2017. State Farm filed its reply on August 25, 2017. The Court has not yet ruled on the parties' summary judgment briefing.

         Because the parties request dispositive relief in their summary judgment briefing any litigation activities taken ahead of the Court's ruling are potentially unnecessary. Thus, while awaiting the Court's ruling, the parties have attempted to avoid litigating in order to conserve resources/avoid the potentially unnecessary expenditure of resources. In furtherance of these objectives, the parties request a five-month continuance while the Court continues to consider its decision. To the extent possible, the parties also respectfully request the Court advise the parties when the Court expects to issue a ruling on the pending summary judgment briefing.

         A trial schedule reflecting a five-month continuance (and which resets the interim scheduling dates consistent with a three month continuance) is set forth below:

Case Event
Current Deadline
New Deadline

TRIAL DATE

December 3, 2018
May 6, 2019

Deadline for joining additional parties

April 17, 2018
September 17, 2018

Deadline for amending pleadings

June 6, 2018
November 6, 2018

Reports from expert witnesses under FRCP 26(a)(2)

June 6, 2018
November 6, 2018

All motions related to discovery must be noted on the motion calendar no later than the Friday before discovery closes pursuant to LCR 7(d) or LCR 37(a)(2)

August 5, 2018
January 7, 2019

Discovery completed by

August 5, 2018
January 7, 2019

Settlement conference to be held no later than

August 19, 2018
January 22, 2019

All dispositive motions must be filed and noted on the motion calendar no earlier than the fourth Friday thereafter (See LCR 7(d)(3))

September 4, 2018
February 4, 2019

All motions in limine must be filed by and noted on the motion calendar no earlier than the second Friday thereafter. Replies will be accepted

November 5, 2018
April 5, 2019

Agreed pretrial order due

November 21, 2018
April 22, 2019

Pretrial conference to be scheduled by court

Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits due

November 28, 2018
April 29, 2019

Length of Trial: 4 DAYS

Jury

         I. ORDER

         PURSUANT TO THE ABOVE STIPULATION, THE COURT DOES HEREBY ORDER THAT the trial date is moved out three months and the new case schedule is set forth below.

Case Event
Current Deadline
New Deadline

TRIAL DATE

December 3, 2018
May 6, 2019

Deadline for joining additional parties

April 17, 2018
September 17, 2018

Deadline for amending pleadings

June 6, 2018
November 6, 2018

Reports from expert witnesses under FRCP 26(a)(2)

June 6, 2018
November 6, 2018

All motions related to discovery must be noted on the motion calendar no later than the Friday before discovery closes pursuant to LCR 7(d) or LCR 37(a)(2)

August 5, 2018
January 7, 2019

Discovery completed by

August 5, 2018
January 7, 2019

Settlement conference to be held no later than

August 19, 2018
January 22, 2019

All dispositive motions must be filed and noted on the motion calendar no earlier than the fourth Friday thereafter (See LCR 7(d)(3))

September 4, 2018
February 4, 2019

All motions in limine must be filed by and noted on the motion calendar no earlier than the second Friday thereafter. Replies will be accepted

November 5, 2018
April 5, 2019

Agreed pretrial order due

November 21, 2018
April 22, 2019

Pretrial conference to be scheduled by court

Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits due

November 28, 2018
April 29, 2019

Length of Trial: 4 DAYS

Jury

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